B. Conduct Associated With Personal Responsibility and Integrity
The Marist community strongly promotes a personal values system, which focuses on each person taking responsibility for his/her own actions, and on maintaining dignity and truth. The following restrictions outline the parameters within which each individual will be held responsible. Their violation will result in disciplinary action.
1. Acts of Dishonesty. Including, but not limited to:
a. Providing false information to any College official, faculty member or office.
b. Forgery, alteration or misuse of any College document, record or instrument of identification, including parking permits.
c. Tampering with the election of any College recognized student organization officer.
d. Encouraging or assisting another person to violate a College policy.
e. Policies regarding academic dishonesty are not covered by this Code. For information on academic dishonesty, see the Student Handbook.
f. Use of the College name by student clubs, organizations, teams or individual students organizing events that falsely represent co-sponsorship by Marist College.
2. Abuse of the Student Conduct System. Including, but not limited to:
a. Failure to obey the summons of a student conduct body or College official.
b. Falsification, distortion or misrepresentation of information before a student conduct body. This will also result in additional conduct charges being filed.
c. Disruption or interference with the orderly conduct of a disciplinary proceeding.
d. Institution of a disciplinary proceeding knowingly without cause by filing a false report or statement.
e. Attempting to discourage an individual’s proper participation in, or use of, the conduct system through intimidation or any other means.
f. Attempting to influence the impartiality of a member of a conduct body prior to, and/or during the course of, the student conduct proceeding.
g. Harassment (verbal or physical) and/or intimidation of a member of a conduct body prior to, during, and/or after a student conduct proceeding.
h. Failure to comply with the sanction imposed under the Code.
i. Influencing or attempting to influence another person to commit an abuse of the student conduct system.
3. Alcohol Policy
The following guidelines for the responsible consumption of alcohol apply to students at Marist College:
a. Students under 21 years of age may not be in the presence of, possess or use alcoholic beverages on the College campus except as expressly permitted by law and College policy. The only exception is the underage student who resides with students of legal drinking age who may be in the presence of alcohol in the assigned residence; provided these underage roommates do not distribute, sell, possess or consume alcohol.
b. The possession or use of alcohol by anyone who lives in designated freshmen and sophomore residence areas (Champagnat, Foy Townhouses, Gartland, Leo, Marian, Midrise, Sheahan, and designated sophomore areas in Upper and Lower New) is strictly prohibited even if those resident students are over 21. The only exception is the student who serves as Resident Assistant or Assistant Resident Director if that student is 21 years of age or over. With these exceptions, the use of alcohol is restricted to the privacy of the staff member’s room.
c. Alcohol will not be consumed in public areas of the residence facilities.
d. Consumption of alcohol and/or possession of an open container are not permitted on the grounds of the campus without prior approval of the Vice President for Student Affairs (e.g. campus green or waterfront areas).
e. Any violation in which consumption of alcohol was a contributing factor is also a violation of the alcohol policy regardless of the age of the students involved.
f. Alcohol may be consumed by students or guests over 21 years of age only in student apartments/townhouses if the residents responsible for the apartments/ townhouses are at least 21 years of age and live in residence areas where alcohol is permitted (Upper and Lower New Townhouses, Upper and Lower West Cedar, Talmadge Court, and Fulton Street Townhouses). Consumption includes the possession of an open container.
g. If a student resides in a residence unit (apartment or townhouse) where the majority of students are over 21, only those students over 21 may purchase, possess or consume alcohol. If all members of the residence are over 21 years of age, the group may sponsor an event where alcohol is consumed. Specific guidelines for sponsoring such an event are available from the student’s Resident Director or from the Office of Housing & Residential Life.
h. Residents are responsible for the actions of their guests regarding alcohol possession and use.
i. Public intoxication is strictly prohibited.
Driving Under the Influence/Driving While Intoxicated: The College is concerned about students who violate state and local laws regarding consumption of alcohol and the operation of motor vehicles. In accordance with state law, the college abides by the legal definition of intoxicated as “not having the normal use of mental or physical faculties by reason of introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body” or 0.08 Breath or Blood Alcohol Concentration. In addition, students under the legal minimum drinking age of 21 years who are found to have any detectable amount of alcohol in their systems will be considered driving under the influence of alcohol.
Marist College, as part of its educational mission, seeks to assist students in developing appropriate attitudes and behavior regarding the use of alcohol. To this end the College offers educational programs regarding the negative health and social effects of alcohol consumption. For those individuals who have developed or begin to develop identifiable problems as a result of their alcohol/or drug use, a variety of services are available through the College’s Health & Wellness Center located on the third floor of the Student Center (ext. 3314).
Medical Amnesty/Good Samaritan Policy: Student health and safety are of primary concern at Marist College. In cases of intoxication by alcohol and/or other substances, the College encourages individuals to seek medical assistance for themselves or others. If a College student seeks medical attention for themselves or others due to intoxication, the Office of Student Conduct under most cases will not pursue conduct charges for violations of Alcohol/Drug Policies. In lieu of student sanctions, a student may be required to meet with the Director of Student Conduct who may issue education requirements such as alcohol awareness/education, and/or referral to the Health and Wellness Center. Failure to follow the action plan will nullify the Medical Amnesty protection and campus conduct processes will be initiated. Those students who assist in obtaining medical attention for individuals who are intoxicated may receive educational requirements for violations of the Alcohol/Drug Policy of the Code of Conduct. Students who are engaged in minor violations but who choose to bring related serious violations by others to the attention of the College are offered amnesty for their minor violations. Educational options may be explored. Abuse of amnesty requests can result in a decision by the Director of Student Conduct not to extend amnesty to the same person repeatedly. If a student brings their own use, addiction, or dependency to the attention of College officials outside of conduct sanctions and seeks assistance a conduct allegation will not be pursued.
Actively assisting requires that an individual: Call Campus Safety & Security (5555) or 911 or seek another individual qualified to assess the student’s condition such as a Resident Advisor (RA), administrator, or other Residence Life professionals.
The following are not covered by the Medical Amnesty Policy: Medical Amnesty will not be granted to students who do not seek medical assistance. Those who are confronted by college staff or (i.e. Residence Life staff, Security) other authorities will be referred to the Office of Student Conduct for alleged policy violation. The College is concerned with the use and abuse of alcohol/drugs and other substances. If a violation occurs in conjunction with other College policies more severe disciplinary sanction may result. Any student found intoxicated may be transported to Mid-Hudson Regional Medical Center or other local medical facilities for medical evaluation.
Application to Student Organizations: In circumstances where an organization is found to be hosting an event where medical assistance is sought for an intoxicated guest, the organization (depending upon the circumstances) may be held responsible for violations of the Alcohol Policy or Drug Policy. However, the organization’s willingness to seek medical assistance for a member or guest will be viewed as a mitigating factor in determining a sanction for any violations of the Alcohol Policy or Drug Policy.
4. Alcohol Paraphernalia:
a. Empty containers related to alcohol (i.e. liquor bottles, beer cans or bottles) are prohibited in first and second year residence areas where students are not allowed to consume alcohol because they are under 21 years of age.
b. Empty or full kegs, beer balls or any other large containers of alcoholic beverages designed for consumption by a group of people are prohibited on campus-operated property. Violation of this policy may result in a $150 fine. The possession of any implement that can be used to irresponsibly ingest alcoholic beverages is prohibited (e.g. funnels, drinking game devices, beer pong tables, etc.) and any such implements may be confiscated by the College and not returned
5. Computer Misuse: Misuse or abuse of the College computer system, voice mail or telephone services as defined by the College (see College Network Usage Agreement available at http://infosecurity.marist.edu/netuse.html.
This includes, but is not limited to:
a. Illegally copying, distributing, down loading and/or uploading copyrighted materials on any personal or college computer system. These materials include, but are not limited to, text (including emails and web information), graphic art, photographs, music, film, file sharing and software.
b. Use of computers and campus network to harass or threaten other computer users, or to publicly display offensive or obscene messages/videos.
c. Unauthorized use or abuse of your computer account or the College network.
d. Repeatedly sending messages with no appropriate intent.
e. Accessing a student or staff account without authorization.
f. Using a College office account to send messages without authorization.
g. Failure to comply with college policies on computers, networks, voice mail and telephone services.
h. E-mail solicitation.
i. Using a personal router in a residence hall or apartment.
6. Damage to Property: Any action that causes damage or which would tend to cause damage to the property of the College or property of a member of the College community or other personal or public property.
7. Drug Paraphernalia: Any items that can be utilized for or are designed for the use of illegal drugs (e.g. bowls, vaporizers, bongs, hookahs, scales, related heating devices, etc.) are not allowed in the residence areas. Any items that are fashioned for the purpose of drug use will also be considered a violation of this policy.
8. Drug Policy: Students may not be in the presence of, possess, distribute, or use/misuse of prescription, medication, narcotics, controlled/illegal substances except as expressly permitted by law. Any student who is struggling with an addiction to any narcotic or controlled substance may seek help at the College’s Health & Wellness Center located on the third floor of the Student Center (Ext. 3314). Possession with the intent to sell or distribute narcotic or illegal may likely result in expulsion from the College.
9. Failure to Comply. Failure to comply with reasonable and lawful requests or directives of College officials or emergency personnel officers acting in performance of their duties and/or interference with faculty, staff, or student staff acting in the performance of their official duties.
10. Student Identification: Marist College identification cards and the privileges included therein are the property of Marist College and are non-transferable. The following acts are a violation of College Policy:
a. Failure to show proper student identification or other identification to any faculty, staff or student staff in the performance of his/her official duties. All students are required to carry their own college issued identification card with them at all times.
Note: Student may not produce an electronic picture of their Marist ID to gain access into a residence hall facility.
b. Loaning or using a College-issued identification card for the purpose of accessing services. This includes, but is not limited to, dining facilities, ticket sales, any College - sponsored events (including, but not limited to concerts, Broadway trips, and ski trips) and building entry.
c. Altering in any way or duplicating an identification card
11. Theft. Students may not intentionally or recklessly damage, or knowingly possess property other than his/her own without the consent of the owner, or intentionally impede recovery by the owner or College officials acting on behalf of the owner. Including, but not limited to:
a. Attempted or actual theft of College property or services or property belonging to any member of the College or outside community.
b. The unauthorized possession of College property or property belonging to any member of the College community.
c. Unauthorized use or abuse of computer time and/or computer systems, information, passwords or computerized data.
d. Obtaining or attempting to obtain telephone service by any devious means, including, but not limited to: unauthorized charging of another person for service, utilizing fraudulent mechanical means to gain service and/or tampering with connections, facilities or documents.
e. Possession of a forged instrument (i.e. altered or fake ID card/driver’s license).
Note: knowingly possessing or using an altered driver’s license or other government issued document is a felony charge in the State of New York. (NYS Penal Law Sec. 170.25). In NYS, a felony is defined as any crime for which a sentence to a term of imprisonment in excess of one year may be imposed.